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HomeMy WebLinkAbout05/24/72 MINUTES OF THE CITY COUNCIL - MAY 24, 1972 COUNCIL MEETING MINUTES - MAY 24, 1972 The regular meeting of the City Council of the City of Bremerton~ Washington, was held in tbs Council Chambers of City Hall at 9:00 A.M., PDST, Wednesday, May 24, 1972. Attending were: Mayor Jarstad presiding, Commissioner Clark, Commissioner Sehoneman, City Attorney Walgren, City Clerk Yeadon, Eddie Adams, and representatives of the press and radio. Meeting opened with the Pledge of Allegiance and Invocation by G. C. Yeadon, Sr. MINUTES OF MAY 17~ 1972 The Minutes of May 17, 1972, were read and approved as amended. SEPARATIONS Helen Rasmussen, Part-time Playleader, Parks and Recreation, May 20, 1972. James Stuart, Part-time Playleader, Parks and Recreation, May 20, 1972. Virginia H. Hawkins, Part-time Playleader, Parks and Recreation, May 20, 1972. James J. Daugherty, Helper EEA, Wastewater Trtmt., Resignation, May 23, 1972. Motion by Commissioner Schonaman and Commissioner Clark to approve the separations, carried unanimously. NOTICES OF EMPLOYMENT Dan Arthur Kottkey, Counselor Aide--KCCA, $450 monthly, EEA II. Ted Carlton Ryan, Counselor Aide--KCCA, $450 monthly, EEA II. Kelly Alan Pierce, Extra Labor, Parks and Recreation, $1.75 hour. Shawn Duggan Cares, Extra Labor, Parks and Recreation, $1.95 hour. Timothy Paul Miller, Extra Labor, Parks and Recreation, $1.75 hour. Gary Foraker, Extra Labor, Parks and Recreation, $1.75 hour. Motion by Mayor Jarstad and Commissioner Clark to approve the employments, carried uaanimously. C~GES IN PAY STATUS David Pyles, Extra Labor, Parks and Recreation, from $2.25 hr. to $2.35 hr. Carl Lindberg, Jr., Extra Labor, Parks and Recreation , from $2.65 hr. to $2.75 hr. Michael Dan Porch, Extra Labor, Parks and Recreation , from $1.75 hr. to $1.84 hr. Motio~ by Con~nissioner Clark and Commissioner Schone~aan to approve changes in pay. Under dis- cussion: Mayor Jarstad commented that David Pyles has worked with the Parks Department for three or four years and he is on Washington State Varsity Baseball Team which is playing for the Pacific Coast Championship; and he is a fine athlete and an asset to the Department. Motion carried unaninously. CALLS FOR BIDS - Relocation Gas Pump - Installation Shop Door {Garage) Clerk read memo dated May 23, 1972, from City Garage Foreman Robert Hensel to City Council requestl'hg authorization to call for bids to relocate gas pump to outside of building and to install one 16' x 18' overhead shop door on the South end of the garage, as provided for in the 1972 operating budget. Motion by Commissioner Schoneman and Co,~issioner Clark to authorize calls for bids subject this is provided in the 1972 budget. Under discussion: Commissioner Schoneman stated the Fire Department requested that this pump not be housed inside the building, and this is a move the City is obligated to make. Motion carried unanimously. CALL FOR BIDS - REPLACEMENT PUMPS (Sewase Lift Station No. 2) Clerk read memo dated May 23, 1972, from E. G. Humble to F. S. Schoneman, requesting authorization to call for bids for the furnishing of two 4-inch sewage pumps for Station N. 2 on Lebo Blvd; stating the existing pumps are no longer adiquate to handle the increasing loa~ generated at this location by the expansion of the sewerage system on the east side, and their design permits frequent clogging from balled rag~; also stated this is approved in current operating budget. Motinn by Commissioner Schoneman and Colissioner Clark to authorize call for bids, carried unanimously. WATERMAIN CONSTRUCTION - Kitsap Way Clerk read memo dated May 23, 1972, from Water Supt. to Com. of Pub. Wks. requesting authorization to replace some of the additional thinwall steel watermain still remaining in the former Kitsap Lake Water District while the area is being torn up for sewer construction. Sections to be done are Kitsap Way from Francis Street to the city limits near Bill's Inn, and Lakehurst Drive north of Kitsap Way. Approximately 1250 feet of 8" C.I. pipe would be installed along the south side of Kitsap Way to replace existing 4" steel pipe at an estimated cost of $6900.00. Approximately 1500 feet of 6" asbestos cement pipe would be placed on Lakehurst to replace steel pipe at an estimated cost of $5250.00. Replacement funds furnished in 1972 budget. Motion BY Commissioner Schoneman and Commissioner Clark to approve the construction, carried unanimously. BID CALL - KITSAP LAKE RESERVOIR Clerk read memo dated May 2, 1972, from Water Supt. to Com. of Pub. Wks. requesting authorization to call for bids for the fabrication and construction of the reservoir. Time for completion probably about 180 days from award of bid (about 11 to 12 weeks to get steel plate before fabrica- tion can start). Clerk read memo dated May 23, 1972, to the mayor from Robert Theroux, city pro- grams coordinator, giving the status to date regarding the grant application. Memo stated that it would not be detrimental in any way to the City's grant application and to proceed per procedures with the bid call. Mr. Clark asked about the percentage of funding. Mr. Schoneman'stated he did not know but the bid call should proceed along the lines outlined in the memo because of the need to get materials on order. COUNCIL MEETING MINUTES - MAY 24, 1972 (Continued) Motion by Commissioners Schoneman and Clark to make the bid call.. Under discussion: Mayor Jarstad suggested the City Clerk and Mr. Theroux work on getting a letter from H.U.D. that financing, if available, will be ready for the city even though there is a considerable period before it is needed and that the procedures being taken by the city will not be detrimental to release of the funds in the future. Motion carried unanimously. PROGRESS PAYMENT - Agreement GC-2948 (Mavy Yard City area) SR-3 Clerk presented progress billing to reimburse the State for costs incurred in connection with the relocation of certain utility facilities in the area of SR-3, Sinclair Inlet to Oyster Bay, city share 62.57% of $12,157.00, or $7,606.63. Motion by Com~issioners Clark and Schoneman to approve the progress payment, carried unanimously. EASEMENT - LID 314 Clerk read memo dated May 23, 1972 from City Engineer which forwarded easement from Vera Perkins on LID 314. Motioq by Commissioners Schoneman and Clark to accept the easement and refer to the City Attorney for checking and for the City Clerk to record, carried unanimously. OUTSIDE UTILITY AGREEMENT - PHILLIP R. SEWELL City Clerk read memo dated May 23, 1972, from City Engineer to City Council forwarding application and agreement for outside utility for sewer connection for Philltp R. Sewell. Memo stated that this is for service to property on the Kltsap Lake Interceptor over which Mr. Sewell granted the city an easement for construction and maintenance of a sanitary sewer. At the time of construction, "T's" with risers were installed on this section for the future use of this property. Mr. Parker recommended approval of the agreement. Commissioner Schoneman gave background data concerning rea- sons City Council is not approving such agreements; however, in the case of Mr. Sewell, a connection was committed in the past and his property would be sewered. After short discussion, in which Mr. Sewell participated, Mr. Clark called his attention to the provision in the agreement concerning annexation and discussed the problem of the recent annexation problem. Mr. Sewell stated he was aware of this issue. Motion by Commissioners Schoneman and Clark to approve the agreement, carried unanimously. RULE OF THREE Clerk read letter dated May 22, 1972, to the commissioners from John C. Vertrees, attorney, in the firm of Carkeek, Harris, Harris, Myers & Vertrees, Seattle, representing Local 437, Fire Fighters, which stated he has concluded, after reading the applicable ordinances, C.S. regulations, RCW 41.08 and court decisions in point, that the City Commission ~s do not have the power acting unilaterally to change the existing rules and regulations of the Bremerton C.S. Commission. The attorney offered to furnish more detail to substantiate their position or to appear before the City Council. Commissioner Clark commented on the letter and stated the attorney ignored the City Charter which is a critical point, passed by the people; and spoke of the position the City Council has taken. Motion by Commissioner Clark and Mayor Jarstad that this letter be filed for future reference and that the City Attorney be directed to correspond with this attorney outlining the city's position and the reasons therefor, carried unanimously. AGREEMENT - City and Pope & Talbot~ Watershed Lands. Clerk read Memo dated February 15, 1972, from Mr. Humble to Commissioner Schoneman, attaching a proposed agreement for observation and protection of Watershed lands not owned by the City of Bremerton, in this case for execution between the City and Pope and Talbot Corporation, owners of about 800 acres of watershed lands contributory to the flow of Union River above Casad DAm. Memo set forth further details of the benefits and advantages to both the City and Pope and Talbot. }btlon by Commissioner Schoneman and Mayor Jarstad that the City Council enter into an agreement with Pope and Talbot for the use of their land for the control of drainage of the watershed and Casad Lake and that the matter be referred to the City Attorney for review and to be presented at the next Council meeting. Under discussion: Commissioner Schoneman gave remarks concerning the need for the agreement and explained the area covered; also, stated that fencing and signs could then be installed. Motion carried unanimously. PROPOSED ORDINANCE - FISH HATCHERIES Clerk stated he had received from the Planning Department a proposed ordinance to amend the present zoning ordinance to do with allowing fish hatcheries in an R-1 zone under a conditional use permit, and suggested a hearing date be set. Motion by Commissioners Clark and Schoneman that the hearing be set on this subject for June 21, 1972 at 10:00 A.M., carried unanimously. SET REZONE CHANGE (Removal of Land Use Restrictions} CONIFER Clerk stated the Planning Department had forwarded to him files on Conifer rezones and a letter on each of the areas involved; the letters indicating the Planning Commission is recommending removal of certain Land Use Restrictions. Motion by Commissioner Clark and Commissioner Schoneman that the two hearings be set for Wednesday, June 21, 1972, at 10:00 A.M., carried unanimously. NEW BOY Mayor Jarstad stated the census has been increased by one new baby boy grandson, 8 lb. 2 oz., Aaron Lavelle. ~OUNCIL MEETING MINUTES - MAY 24, 1972 (Continued) MATTERS NOT ON AGENDA~ 10:00 A.M. No one present spoke. RONALD ROSS REZONE {Wheaton Way on N. side Hollis) Mayor 3arstad stated this rezone hearing was held last week, decision was delayed and the City Council's practice is to let those who wished to speak further to do so before rendering a decision Ronald Ross spoke for the rezone, showed a large scale drawing of the area, and presented an analy- sis of the location of addresses of the signers of a protest petition previously filed. This analysis was filed with the City Clerk and is in the Ross file. Mr. Ross stated the property was posted for the rezone hearing and there were no protests; however, the address of the partially zoned property was used for posting for the hearing on their application for a tavern, which is not involved in the present rezone application, and he believed this is the reason for the pre- sent rezone application, and he believed this is the reason for the present protests. He stated the tavern will go through anyway. Also, stated that no one on Hollis Street objected; that there is one tenant and he has not objected. He asked not to be deprived of his rights unless.the use is detrimental. Further, that he has a petition bearing 500 signatures for the Clo~er Leaf to come into the area. This petition came as a result of an advertisement in the newspaper and not from door-to-door solicitation. Mr. Ross stated that Gene Ward owns property in the area and received a notice; and again reiterated that no one complained until a different piece of pro- perty posted for a tavern and that this is not a tavern as such as a substantial part of their business is food. Commissioner Schoneman stated he had reviewed this property several times; he discussed the surrounding street areas and noted that Maple does not come through from the north (Riddell Rd.); suggested a~strip be held on the easterly poiht approximately 40 feet for a park-like area. Mr. Ross stated he would consider this and he would do it to get the rest of it rezoned. Mr. Schoneman pointed out this would keep the tavern out of view of these who protested and stated it is difficult to see toward that property because of the wooded area on the south side Just opposite the Spaeth property. Mr. Ross again stated he~ould be willing to agree upon building with setbacks and no surfacing of the ground so that it would ultimately be left in its natural state but he would be reluctant to convert the ownership to someone else. Mr. Schoneman suggested a covenant that w~uld provide for a setback to which Mr. Ross agreed. Commissioner Clark commented that the City Council is not really discussing whether a tavern is goiag to go there or somewhere else; that the question is whether theproperty can be proper%y rezoned to B-3 or should there be a buffer zone as across the street. Commissioner Schoneman spoke about uniformity in zoning as compared with adjoining property and that if left as it is it would amount to "sp6t zoning" in reverse. Motion by Commissioner Schoneman that the decision be made to grant the rezone with covenant of 40' of that portion of ground for the full width north and south and 40' setback from Maple Street, to be used for beautification purposes. On question fromco~mmissioner Clark as to whether a change in the request of Mr. Ross would require the matter to be returned to the Planning Commission, City Attorney Walgren discussed the Burchfield decision and stated this setback did not oons~itute a change in classification so was not involved with the superior court decision and could be done without running back through the Planning Commission; also, this does not prohibit the City Council form running it back through the Planning Corm~ission. Mr. Clark stated he was not convinced that 40' is enough and that is what caused him not to second the motion. A discussion followed between Mr. Schoneman and Mr. Clark as to making a decision today. The motion died for lack of second. Motion by Mayor Jarstad that this proposed rezone be sent back to the Planning Commission with recommendations to carefully consider again the recommendation of the Planning Department which suggests that the east 200' be omitted from business zoning. Commissioner Clark stated he would rather have it go to the Planning Cv.m~ission without a stip- ulation of amount of setback and leave it up to the Planning Co,lesion to study and recommend, and as rapidly as possible. Mayor Jarstad amended his MOTION to refer back to the Planning Commission for further study for recommendations and consideration of the proper buffer zone or setback. Seconded by Commissioner Clark. Mr. Ross outlined his willingness to plant solid laurel hedge or solid screening in a strip; that he has been involved in much delays; and that the Planning CommisSion had voted 100% on the rezone, tie stated he didn't want the land to devaluate. Further discussion ensued and Mayor Jarstad recounted the efforts over six year period in the area relating to rezones and felt the 200' is proper; also, discussed the validity of arguments of people who live there. Commissioner Schoneman stated he was convinced on the basis of the Planning Co~nission recom- mendation and from the viewing the site and walking it that he would have to vote "no" on the motion. iCOUNCIL ~I~L'I'£NG P~NU~.S - PlAY 24, 1972, continued ~s. Victor Reames, 1307 E. Ho~, s~ke on the add~sses of ~se si~g 'the ~tition ~d ~ted ~t inst~ces whose ho~s faced one s~et but whose ad~sses ~ on ~thep s~et; sta%~ the .P~k ~ is intePested in a ~-~k in the ~a; stated she ~lieved the ~zone ~uld ~ de~i- ~ntal ~o the ~ople the~; s~ke of t~ t~es p~tecting f~ noise ~llution; s~ke ag~nst ~s- :~iness ~ing the~ ~ not necess~ily ~he Clovemle~ ~ t~t they di~'t w~t traffic on t~t s~e~ ~. Co~ssioner Cl~k s~ke of the t~ of use ~t this p~y ~uld ~qui~ ~d the question ~is whethep the set~ should ~ so~he~ ~en ~0' ~ 200'. ~. ~n Me~e, stated ~ was the ~er of Clovemle~ ~d ~uld ~ the te~t ~d t~t he ~uld ~happy to see a ~0' set~ ~ich ~uld ~e the p~ with ~autifi~tion; t~t ~fic ~uld ~ c~ng in on Hollis S~et ~ ~ to ~eaton ~y. He e~i~d his ~ave~ o~rati~ - 60% ~f~ sales. ~. ~les ~lio~, 1~08 ~1 ~ive, stated they don't w~t ~y c~i~; t~t no consideration ~was ~ing given to h~s ~ne W~ is p~ng to ~ild at, ss t~ s~et; th~ght ~s ~Kht be a step for ~. Ross to el~te ~he b~fem zone; opted ~use of ~affic ~ noise. ~. Victor Re~s, 1307 E. Ho~, stated he was ~ied ~ut the buffer ~ne; t~t the City Plum ]]~ld l~e to ~ve a line ~a~ to se~te the ~a ~ t~y ~ld l~e a ~en ~lt; t~t they di~ need ~other tavern in t~ ~a; t~t the P~k ~ ~s ~en app~ch~ to get ~ ~a the~ f~ a ~rk; suggested c~se the set~ at 100'. ~. ~ss did ~ a~e with this su~estion. ~11 called on the ~tion: ~. J~stad, Yes; ~. Cl~k~ Yes; ~. ~ho~, No. ~T~{ ~0~ ~I~: ;Motion by ~ J~tad ~ ~ssioneP Cl~k t~t the p~s~ ~ne applied f~ by T~ath ~ c~ied ~usly. :Cle~ ~ad lettem dated ~h 29, 1972, f~ Pl~ng Se~i~ which ~ated the Pl~g ~ssion ~d de~ed the ~zone applicati~. ~ePk stated that T~, I~. ~d filed a notice of ap~ to ~the Ci~ ~cil; t~t the City ~cil ~d set t~ay fora ~e he~ing ~ t~t he ~d duly adve~ised. i ~st~ ~d sent lette~ ~tify~g of this he~ing as ~qu~d by t~ zo~g o~i~ce. Clepk ~ad ]~ce~t f~ Pi~ ~ssion ~nutes of ~h 15 ~ 1972; t~n ~ad ~f Revi~ dated ~h 15th. ~e foll~ng c~.~es~ence was ~d by the Clerk: ~test le~eP si~ed by C~i ~d Hazel ~g; ~test le~er si~ed by H. P. ~ Si~e H~msen; ~ad ~s ~ add, ss of 116 si~e~s of p~test ~tition; ~ ~ad ~ dat~ M~h 10, 1972, f~ Ci~ ~gi~eP stating his de~'.b~mnt ~s ~ object% ion to t~s ~zone; t~t t~ develo~m ~11 ~ ~ui~d to c~,ply with ~1 o~i~es ~lative to ~it~ ~d st~ se~s ~d access to ~tsap Way ~ t~t the s~it~ se~m to ~ ~ns~cted along ~the sho~ will p~ly n~ ~ o~tion~ ~til the s~ of 1972. ~s. Helen ~acy s~ke fop the Pl~ng ~'.h~mnt, using a ~d-Use ~p shank the ~s~t zoos .~ the su~unding ~; ~so, stated that R-1 is ~d the ~y ~ ~.,,m~ial is confin~ to The ~p~way ~as. ~s. ~acy used a zone ~p to i~icate the zones in t~ ~a. ~is sh~d B-3 up to ~the p~y line of t~ ~sed ~zone, ~d other ~siness zones ne~by. ~e then e~l~ned h~ ~c' ~of t~ p~ was ~uested f~ Bi2 ~ ~ ~ fora R-2. ~ question f~m ~ J~stad, ~s. ]~acy ~inted ~t whe~ Pepsh~g S~et is sh~ on the ~p as ~ing ne~ to the~ p~y ~d :~hon~ stated iT is a 30' s~et. It d~sn't go ~1 t~ way d~ ~ause of the slo~ of the 1~. ~. Schone~ stated t~t t~ugh co~ action ~cently the ~mgs obT~ned 60' of that ~dway which is a ~; ~ed on the non-use since 1895. ~is ~ld ~ ~ east-~st s~et lead~g off Pershing. ~is should ~ ~ved f~m the ~p ~use it is ~ ~dem ~ivate ~emship. ~ ~ther question by ~y~ J~s~d concem~g the state~nt of ~s. T~cy t~t t~ ~y was R-i~ ~s. ~cy cl~ified that the E~s ~ ~d ~ys~ ~ R-2. ~'lph' ~i~son, ~o stated he was a p~incipal ~ the T~ath ~zone, sh~d a site p~n t~t t~ B-2 ~uld ~ide a ~1 buffem for a~'.b,mnts. He said he ~ ~t ~ng f~ c~,~m~ial ~ on ~step ~y but ~t~m ~ t~ R-1 ~ that is R-2; ~so~ t~t the Plug Co~ssion ~f ~d~ ~]ap~ved the site pl~ with one exception, that the 1~ c~erage of ~2.2% was t~ ~at ]~uld ~ ~ aecept~le. ~ chec~ng ~th ~s. ~a~ later he discove~d t~t they ~d ~t t~en ~into conside~tion the o~n s~ces to ~ ~ilt into t~ p~je~ which ~ld ~duce the ~d cove- :age to 33% ~ w~ch is ~11 ~t~n g~ pl~. He s~d f~heP t~t ~ause the sho~line is sensitive to develo~nt~ he ~d stayed ~ 60' f~ the ~ach ~'~uld ~e no ch~ges to the sh~ ~line. He s~d the desi~ of the c~],i~i~ s~c~ ~ld ~ ~ch l~e t~t of the a~.b~nts ~d ]~s ~hitect has desired f~ the student t~t the ~ of t~ a~S is sensitive f~ the ~waterf~nt. Fu~hep, that the~ ~et ~ey s~s a need f~ this ~ of a~nt - no ehil~n ~ep 12~ ~ ~ts. ~cess ~uld ~ f~ ~ a~ess ~d, a f~ntage ~d~ pat~p ~ ~t~p Way. ]~so, that he u~epst~ t~ highway de~'t~,~nt was ~ing to fifth l~e ~tsap Way fo~ a ~ l~e ]which ~uld ~e access fop ne~by te~ts. ~. ~ickson stated ~. Mentor, ~o ~s p~ on -]~tsap Way, is n~op~sed ~ ~. Ste~, ~o si~ed t~ ~tition, is not n~ op~sed ~ ~uld l~e ~to see the p~ develo~d; t~t the e~,,~ssionePs ~ ~lc~ to t~ to ~. St~. ~ question ~bv ~. Cla~, ~. ~i~son stated the avenge ~nt ~ld ~ over $200.00 ~m ~nth; also, the office ~iIdinK ~ld ~t ~ a ~-~fic gene~t~ ~ ~uld ~ f~ s~ll office s~ce; ~ t~t the~ ~] is nothing l~e this plied develo~nt in the eib. ~. Walter rayne stat~ he ~ ~ of this p~ f~ 1950 to 19~8~ t~t he ~w the value of ~e ~ ~d ~ught it fo~ ~sidential; ~ve~, he saw it could ~ develo~d ~d sold it to T~{. He ~id he was in fa~ of ~g the ~st out of the ~utif~ ~y ~d ~ing it ~ssible ]for ~y ~ople to ~oy it. ]F~ ~, 1~ ~toP, ~ farm of the ~ne, ~p~ssed with t~ desi~ ~ ve~ ~ch ]keep~g ~on on top of that t~ of ~sid~tial build~. COUNCIL MECI'ING MINUTES - MAY 2~, 1972~ continued James Robinson, building contractor, 4230 Kitsap Way, in favor of rezone, stated this type of improve~ ment unavailable for rental and believed there w~s a demand for i~, both conmmreial and residential; stated the design concept was very suitable for a difficult terrain; and project will not generate more traffic than already conmitted to across the street. Sam Fitz, property owner on Kitsap Way, recorar~_nded the rezone; stated the business activity on Kitsa~ Way indicates that street will go con~aeroial. Mrs. Francis Pbrgan, 948 Lower Oyster Bay Road, resident on the bay for 40 years, stated she has fought to keep the hay clean, has fought off a marina on the bay; stated they organized to maintain their priorities as property owners; spoke of the fact prosiness is here whether like it or not; that property to the rear (on Kitsap Way) should go commercial but their first priority is to the water self. Commissio. ne.r Schoneman. stated the waterfront was being taken care of here; spoke of the design! I'Ietc, and the existing sewer line and the gravity flow line ~o be ready later. Mrs. Morgan spoke of t tenants of Hearthstone and Bayshore West; spoke of the fact the proposed building will be excellent, ii will not hurt the natural surroundings, will be an asset to the neighborhood. She said her husband ] and her daughter's family were not against the rezone. !i 0Pm TS ~ey Ullock, 1137 L. Marine D~ive, read prepared statement concerning: Noise, activities on ii Bayshore, Hearthstone and Bay property, lights from highway, funeral home lights, debris from beach ii coming from boats, taxes, that the residents brave well kept homes and gardens, and privacy. i Mr. Charles Ullock, claimed "spot zoning." i Mrs. Betty Yuhl, 4610 Kitsap Way, talked about future planning, air pollution, Bayshore West (bank i bulldozed which has left the beach line above normal beach line of Oyster Bay) eye pollution (hiding I the bay behind commercial buildings); and that she wanted to maintain R-1 on Oyster Bay for the ii people who will live there in the future. . Commissioner Schoneman spoke of the street end of National ~ Oyster Bay Road, 60', which will always [ provide right-of-way and possible to view the bay from there. i Mrs. C~rl AaberK, 4100 Kitsap Way~ stated that R-1 is next to the property and the Oyster Bay area .~ zs R-i; have covenant with Elks Temple if they don't build the zone will revert to R-l; those in '~ favor have axe to grind; there are too many apa~.~ents on the hay and the~e are too many people. Mrs. Virginia McBride, 1333 lower Marine Drive, stated she felt that the bay is R-1 and that she bought h~r property as R-1 and that there should be a compelling reason for rezone; also, felt there must be many other locations where property can be developed rather than a beautiful bay. She spoke ii of the lack of privacy. Mr. Carl AaberK talked about traffic problem. Mr. Erickson stated the road would be rebuilt to serve~i ibis property and Mr. Aaberg's property; that the 30' street will be developed. Mr. Aaberg conmmnted I it is too steep. imf. HenrV Gundach, 1320 L. Ma~ine Drive, stated a developer could let his property deteriorate in the future; pointed out that each successive generation which has rebuilt in the residential area the?, ! has built a finer home. .: Mr. Phillip Chandler, 1503 L. Marine Drive, spoke of the following: ~ Pollution of the bay; added traffic; value of taxes paid by private residences; didn't think 5th il laning would help; didn't believe should count patios in figuring the area of property to be covered ! that the comprehensive plan should be changed if going to continue developing on Oyster Bay. i! Mrs. Wayne Simkins, 4232 Kitsap Way, stated she has no privacy because her backyard is commercial; i opposed commercial in her front yard. i Phil Best, attorney, representing most of the people who spoke; asked why the City Council should : reverse the decision of the Planning Co~mtission which unanimously opposed any development of both ~.~ conmercial and residential; asked what would be the consequences of allowing luxury apartments here. ii ~{r. Best spoke on the following: Integrity of the Comprehensive Plan; integrity of the property the ~; residents ~mnt to keep residential; density, and cited the size of the p~oposed land to be used; il esthetics from standpoint of those living there and being looked upon by apartments; sound; strip , zoning; water is limited resource; commercial building would not use the view. CDUNCIL MEETING MIb[Lr~ES - MAY 24, 1972 (Continued) Mr. Erickson stated this development would not drop raw effluent or put coal smoke into the air as would years ago; would not be able to build in a rural area where there are no facilities or services; asked for the right to use the land for improving for the use of the citizens to enjoy. Mr. Schoneman spoke on the point as to why oppose the Planning Commission's recommendation. Mr. Clark stated he was in favor of keeping the bay protected; however, pointed out that the high- way area is going to go to some kind of commercial and the question is whether beyond 80' it is proper to begin R-2 which would permit building of luxury apartment building. Mr. Clark stated were this zone granted it would not mean that all of Oyster Bay would be R-2 and the bay would remain R-i, as far as he could say. In viewing the property, Mr. Clark stated the waterfront is about 25' high bank and the majority of the site sits up 30' higher than the surrounding property. Mayor Jarstad stated all want to do the best in developing; he spoke of alternatives of developing the property; called attention to the 65' setback from the water and leaving natural state as against an R-1 going down on the beach and building duplexes, which could he done legally. Dis- cussed looking at this from standpoint of which is least objectionable, as to what someone could put on the land. He stated the setbacks would allow the people that are on the water to have a view and that most homes are down on the beach. Discussion was held concerning duplexes and mayor brought out that he was interested in density. Mr. Erickson stated that seven duplexes up to four bedrooms each could be built on the property. Mrs. Yuhl spoke of the living qualities and the investment compared between Mr. Erickson and the private owners around the bay. Discussion was held on the Elks rezone and the setbacks there. Discussion was held on covenants by Mr. Gundach. Mayor Jarstad stated the testimony should be weighed. Mr. Clark outlined the several things which the Council could do, one of which was to limit to the plot plan which would include the setback. Motion by Mayor Jarstad and Commissioner Schoneman that the hearing be closed and a conclusion be reached and announced two weeks from today. Under discussion: Commissioner Schoneman commended Mr. Erickson for his plans and presentation and, also, the statements made by the people who live on Oyster Bay. Mayor Jarstad com~ented on the major sources of pollution and spoke of possibility of closing off the bay to boats not having holding tanks. He suggested people keep records of the overnight moorages. Phil Best asked if there wasn't to be a hearing under the Shoreline Management Act and Mr. Schonsman stated this decision has to come first. Mr. Clark spoke favorably on the conduct of the hearing. Motion carried unanimously. RCA LEASE Clerk read letter dated May 19, 1972, to the City Council from H. T. Petersen, Man~ger, Real Estate, RCA, requesting consideration for a six month extension of the lease agreement until February 17, 1973, and gave reasons for asking to take up this option. (This pertains to the Domestic Satellite System lease.) Commissioner Schoneman advised the City Council on the re- quest. Motion by Commissioner Schoneman~'and Mayor Jarstad to approve the extension and refer to the City Attorney, carried unanimously. BID - TRAFFIC BUTTONS Motion by Commissioner Schoneman and Mayor Jarstad to open the bids, carried unanimously. Clerk opened the bids and read from the following: Sharp Paint Co., Bremerton, Cashier's Check for $130.00 enclosed. White buttons 18¢ each; yellow buttons 16¢ each. Traffic Safety Supply Co., Portland, cert. check for $50.00 enclosed. .16¢ either color each. Charles R. Watts Co., Seattle, cert. check for $50.00 enclosed. .15~¢ either color each. Sahlberg Safety & Supply. Inc., Seattle, bid bond enclosed. .155¢ either color each. Bids turned over to Mr. Marangi, APA, for analysis and possible award before this meeting adJouns. POPE & TALBOT~ INC. - land exchange ~Jatershed) Clerk read letter dated March 7, 1972, to Mr. Err Heath, Forester, from Pope & Talbot, Inc., which stated Mr. Jack G. Chapman, Property Manager, has received management approval to exchange cer- tain property in the watershed with the Ctiy. Attached was form of warranty deed which Pope & Talbot would execute. Motion BY Commissioner Schoneman and Commissioner Clark to approve of the exchange and refer the deed and letter to the City Attorney's Office for review. COUNCIL MEETING MINUTES - MAY 24, 1972 (Continued) Commissioner Clark asked if the motion would include whether the city has the ability to make the exchange without an appraisal. Commissioner Schoneman stated the motion would include this statement. Mr. Schoneman discussed the properties which are proposed to be exchanged, stating the city property is in the Tahuya area that the city has no further use for it and would be exchanged for two 40-acre sections in the drainage area. Motion carried unanimously. BILLS Motion by Commissioner Clark and Commissioner Schoneman to pay all bills that are approved by a majority of the commission, carried unanimously. REPORTS Commissioner Clark: 1. Happy to see that the Bremerton School levy passed 61.39% 2. One of the finest parades held on Armed Forces Day - without incident. 3. Nave been appointed by new president of National League of Cities for his 7th year on Committee of Revenue & Finance. Mayor Sam Massoll of Atlanta, Georgia, has appointed Mr. Clark as one of three member delegates fram the State of Washington. Believed this is very important and critical committee and current subject is Revenue Sharing to be studied, among other revenue and finance subjects. Commissioner Schoneman: 1. Attended parade in Victoria, B. C. on Monday; spoke of the bands fram North and South Kitsap and EAst High participating. 2. Wheaton Way has been repaired. 3. Approach has been completed to bicycle trail - blacktopped. The trail is 4½ miles through beautiful woods. 4. East-West Concert Friday night was tremendous. 5. Hap~y that Bremerton School levy passed. 6. Bid openings: Phinney Bay Sewer, May 31st Washington Narrows Sewers, June 7th 7. June 2: Ail those who have contributed to the Carrilon Bell fund are invited to the Great Northwest Building for the unveiling of the plaque on which the names of those who contributed $500.00 or more will be inscribed. Time for the unveiling and coffee and cake will be 7:30 P.M. 8. Just about completed Ro~ers Street Sewer, 1200', which will be complete separation of storm and sewer facilities. City Attorney Walgren: i. Made some amendments to last week's minutes. Commissioner Schoneman: ALPINE EVERGREEN & CITY LAND EXCHANGE: Properties of both have been appraised for exchanging ten acres of land, without exchanging any money; that the city will benefit from the exchange. The Alpine Evergreen land will let the city close off an area to the ~atershed and the piece the city now owns is located without access by the city. Ready for the deeds to he exchanged. Motion by Commissioners Schonaman and Clark to approve of the exchange based on the appraisals and direct the City Attorney to prepare whatever is necessary, carried unanimously. TRAFFIC MARKER BUTTONS - Bid award Sahlberg and Watts bids were identical. Commissioner Clark flipped a coin and Watts won. Motion by Commissioner Schoneman and Mayor Jarstad to award to Watts, carried unanimously. Mayor Jarstad: 1. Pleased the city schoo, lev~j~ne) passed. 2. Attended with his wife,~-Admiral'Petrovic, Meyer Aronin for the Chamber of Commerce, the dedication of the beautiful new Sylvan Baptist Church located on Sylvan Way. Meeting adjourned at 12:50 P.M. APPROVED: